Just chiming in on the House Finch nest – one of the reasons why moving a nest 
is against the MBTA is because it often causes the adult to abandon the nest – 
birds can’t always tell that you’ve moved their nest and simply see that it’s 
not in that spot anymore (likely chalking it up to a predator attack). Even if 
it’s moved just a few feet away, they may regard it as another bird’s nest, 
with disastrous results for the eggs/young. The rare times I’ve heard of this 
being successful was during the nestling stage when the nestlings were making 
noise and sufficiently attracted the adult’s attention. That’s not to say 
abandonment is inevitable in the egg stage, but I think moving a nest at all 
carries a fairly high risk, and so I wouldn’t recommend doing so.

Best,
Holly Faulkner – Project Assistant for NestWatch – feel free to send any 
nesting questions our way at nestwa...@cornell.edu.

From: bounce-124705363-76451...@list.cornell.edu 
<bounce-124705363-76451...@list.cornell.edu> On Behalf Of k...@empireaccess.net
Sent: Tuesday, June 16, 2020 6:01 AM
To: Asher Hockett <veery...@gmail.com>; CAYUGABIRDS-L 
<cayugabird...@list.cornell.edu>
Subject: Re: [cayugabirds-l] Migratory Bird Teaty Act


I also believe relocating the basket as you suggested earlier would be the wise 
response. Removing the nest and retaining the basket would not. The things we 
do for the birds -your actions like ours Asher.
John
---
John and Sue Gregoire
5373 Fitzgerald Rd
Burdett, NY 14818-9626
"Conserve and Create Habitat"
N 42.44307 W 76.75784



On 2020-06-15 17:05, Asher Hockett wrote:
It seems to me that relocating the basket to a spot with less human traffic 
would be beneficial to the birds and more conducive to nesting success. While 
this may be technically a violation of the law, it does not in my opinion fly 
in the face of the intent of the law.

I have redirected traffic at my home to avoid stressing nesting E Phoebes, and 
have also blocked access to certain spots favored by them so that nests 
wouldn't be built in a place where close human traffic would stress the birds.

I am not suggesting anyone should break the law (a wonderful and necessary one 
IMO), just sharing my take on the situation.

On Mon, Jun 15, 2020 at 10:34 AM 
<k...@empireaccess.net<mailto:k...@empireaccess.net>> wrote:
For the gentleman who intends to move a House Finch nest. It would be a 
violation of the MBTA
 Here's a quick but inclusive overview:

The Migratory Bird Treaty Act of 1918, codified at 16 U.S.C. §§ 703–712, is a 
United States federal law, first enacted in 1916 to implement the convention 
for the protection of migratory birds between the United States and Great 
Britain. The statute makes it unlawful without a waiver to pursue, hunt, take, 
capture, kill, or sell birds listed therein as migratory birds. The statute 
does not discriminate between live or dead birds and also grants full 
protection to any bird parts including feathers, eggs, and nests. Over 800 
species are currently on the list.
--
John and Sue Gregoire
5373 Fitzgerald Rd
Burdett, NY 14818-9626
"Conserve and Create Habitat"
N 42.44307 W 76.75784
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asher hockett
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